Refusal of blood or breath test should not be a California crime, in the absence of a warrant

When arrested for a San Diego DUI, police tell the driver: “Refusal or failure to complete a test will also result in a fine and imprisonment if this arrest results in a conviction of driving under the influence.” This is the part of the Chemical Test Admonition given to those arrested for being suspected of driving drunk in California. On California DMV‘s refusal form, it is based on California’s “Implied Consent” Law. California drivers can be charged with the crime

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